Compilation of Rules and Regulations of the State of Georgia
Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES
Chapter 391-3 - ENVIRONMENTAL PROTECTION
Subject 391-3-23 - PETROLEUM PIPELINE EMINENT DOMAIN PERMIT PROCEDURES
Rule 391-3-23-.03 - Permit Application

Universal Citation: GA Rules and Regs r 391-3-23-.03

Current through Rules and Regulations filed through September 23, 2024

(1) On or after July 1, 2017, any construction of a new petroleum pipeline or an extension in this state shall require a permit from the Director as provided in this chapter. No construction activity on any portion of a new petroleum pipeline or any extension shall occur unless and until such permit is obtained. Such permit shall be required without regard to whether the petroleum pipeline company intends to exercise any power of eminent domain pursuant to Article 4 of Chapter 3 of Title 22 and shall be in addition to any other permits or authorization required under this title or any other provision of state or federal law.

(2) Any application to the division for a permit under this chapter shall contain, at a minimum, the following:

(a) A non-refundable permit application fee of $5000.00.

(b) A description of the proposed project, including its route sufficiently adequate to permit the location of the subject parcel on a United States Geological Survey 1:24,000 topographic quadrangle map;

(c) Copies of any relevant background data on engineering or environmental studies in the possession of or used by the pipeline company to select or develop the proposed pipeline route and/or prepare the permit application.

(d) Information on other corridors of public utilities.

(e) Information on the existence of any local zoning ordinances or land use restrictions and whether or not the pipeline company is in compliance with local zoning ordinances or land use restrictions.

(f) Evidence of financial responsibility by the petroleum pipeline company as described in the most current version of the Division's Petroleum Pipeline Permit Guidelines;

(g) Description of proposed construction activities

(h) A proposal, where appropriate, for monitoring the effects of the petroleum pipeline during construction on the surrounding environment and natural resources, including but not limited to wetland dewatering, sinkhole inducement, impact on protected plants and animals, pollutant pathways, and stream siltation. No proposal is necessary for leak detection or any other monitoring required by federal regulations.

(i) Include an objective evaluation of the environmental effects of all reasonable alternatives, and for alternatives which were eliminated from detailed study, briefly discuss the reasons for their having been eliminated. Include the alternative of no action.

(j) A geologic and hydrologic analysis of the proposed pipeline route.

(k) An environmental analysis, include a discussion of all of the areas identified and described in the most current version of the Division's Petroleum Pipeline Permit Guidelines.

(l) Means to mitigate adverse environmental impacts

(3) The permit application shall be prepared under the direction of and shall be signed and sealed by a professional engineer or a professional geologist.

(4) Permit applications shall be made available for a 30 day public comment period prior to submitting to EPD. The submitted application shall include a summary of all public comments received and a discussion of how those comments have been addressed.

(5) Within ten days of applying for a permit, the applicant shall provide:

(a) Public notice in the legal organ of each county through which the proposed route of the new petroleum pipeline or of the extension is to be located; and

(b) Written notice of the filing of an application under this Code section to all landowners whose property is located within 1,000 feet of the proposed route of the new petroleum pipeline or of the extension. Such notice shall be delivered to each landowner and contain the following language in boldface type:

'YOUR PROPERTY IS LOCATED WITHIN 1,000 FEET OF A PROPOSED PETROLEUM PIPELINE FOR WHICH AN APPLICATION FOR A PERMIT HAS BEEN FILED PURSUANT TO CHAPTER 17 OF TITLE 12 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED. SAID CHAPTER ALONG WITH ARTICLE 4 OF CHAPTER 3 OF TITLE 22 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED PROVIDE SPECIFIC REQUIREMENTS WHICH MUST BE FOLLOWED BY PETROLEUM PIPELINE COMPANIES BEFORE THEY MAY BUILD A NEW PETROLEUM PIPELINE OR MODIFY AN EXISTING PETROLEUM PIPELINE. THESE PROVISIONS OF THE OFFICIAL CODE OF GEORGIA ANNOTATED ALSO PROVIDE SPECIFIC RIGHTS FOR YOUR PROTECTION. YOU SHOULD FAMILIARIZE YOURSELF WITH THOSE REQUIREMENTS AND YOUR RIGHTS.'

(c) In the event that any landowner who, after reasonable efforts, cannot personally be given the notice required in 391-3-23-.04(5)(b), the applicant shall cause to be posted in a conspicuous location in the city hall and/or court house for municipal or county government(s) in which such parcels are located a copy of the proposed route of the new petroleum pipeline or of the extension with all parcels within 1,000 feet of such route clearly marked, along with the following language in boldface type:

'THE PARCELS INDICATED ON THE ATTACHED MAP ARE LOCATED WITHIN 1,000 FEET OF A PROPOSED PETROLEUM PIPELINE FOR WHICH AN APPLICATION FOR A PERMIT HAS BEEN FILED PURSUANT TO CHAPTER 17 OF TITLE 12 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED. SAID CHAPTER ALONG WITH ARTICLE 4 OF CHAPTER 3 OF TITLE 22 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED PROVIDE SPECIFIC REQUIREMENTS WHICH MUST BE FOLLOWED BY PETROLEUM PIPELINE COMPANIES BEFORE THEY MAY BUILD A NEW PETROLEUM PIPELINE OR MODIFY AN EXISTING PETROLEUM PIPELINE. THESE PROVISIONS OF THE OFFICIAL CODE OF GEORGIA ANNOTATED ALSO PROVIDE SPECIFIC RIGHTS FOR PROTECTION FOR AFFECTED LANDOWNERS. YOU SHOULD FAMILIARIZE YOURSELF WITH THOSE REQUIREMENTS AND YOUR RIGHTS.'

O.C.G.A. § 12-17-1, et seq., as amended.

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